BEFORE THE BOARD OF REAL ESTATE APPRAISERS

                                 DEPARTMENT OF LABOR AND INDUSTRY

                                                  STATE OF MONTANA

 

In the matter of the amendment of  ARM 24.207.504 pertaining to  qualifying and continuing education  requirements

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

            1. On February 12, 2018, the Board of Real Estate Appraisers (board) proposes to amend the above-stated rule.

 

            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the board no later than 5:00 p.m., on January 26, 2018, to advise us of the nature of the accommodation that you need.  Please contact Sharon Peterson, Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2375; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or [email protected] (board's e-mail).

 

            3. The rule proposed to be amended is as follows, stricken matter interlined, new matter underlined:

 

            24.207.504 QUALIFYING AND CONTINUING EDUCATION REQUIREMENTS (1) through (11) remain the same.

            (12) Distance education (online) may only total up to 50 100 percent of qualifying education requirements for each level of licensure.

            (13) through (15) remain the same.

 

            AUTH: 37-1-131, 37-1-319, 37-54-105, MCA

            IMP:     37-1-131, 37-1-306, 37-54-105, 37-54-202, MCA

 

REASON: The board has noted that entry into the appraiser profession can be complicated or even prohibited by the requirement that applicants do half of the qualifying education at live, in-person courses. The board is amending (12) to simplify and ease entry into all levels of the real estate appraiser profession by allowing all qualifying education to be completed online. This is done in response to stated concerns at the federal and state levels that it is too difficult to get into the appraiser profession. Due to consistency and high quality among all methods of qualifying education, the board concluded that this change will ensure continued protection of the public.

 

            4. Concerned persons may submit their data, views, or arguments concerning the proposed amendment in writing to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to [email protected], and must be received no later than 5:00 p.m., February 9, 2018.

 

            5. If persons who are directly affected by the proposed amendment wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the board at the above address no later than 5:00 p.m., February 9, 2018.

 

            6. If the board receives requests for a public hearing on the proposed amendment from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed rules; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be 2 persons based on 19 license applicants in 2017.

 

            7. An electronic copy of this notice of public hearing is available at www.realestateappraiser.mt.gov (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.

 

            8. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to [email protected]; or made by completing a request form at any rules hearing held by the agency.

 

            9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            10. Regarding the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.207.504 will not significantly and directly impact small businesses.

            Documentation of the board's above-stated determination is available upon request to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2375; facsimile (406) 841-2305; or to [email protected].

 

 

	BOARD OF REAL ESTATE APPRAISERS THOMAS STEVENS, CERTIFIED GENERAL APPRAISER PRESIDING OFFICER
/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ GALEN HOLLENBAUGH Galen Hollenbaugh, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State January 2, 2018.